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Minor Change Existing Approval - 132008 176 07 (As Published) · 132008.176.07

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                                                                                          Officer:            Patrick Murphy
                                                                                          Direct Telephone:   07 5329 6245
                                                                                          Our Reference:      132008.176.07
                                                                                          Your Reference:     22070

               27 May 2026


               Calile Malouf Investments Pty Ltd
               C/- Project Urban
               PO Box 6380
               MAROOCHYDORE QLD 4558
               [email protected]



               Dear Sir/Madam,
                                            Decision Notice – Minor Change
                                                         Planning Act 2016

               I refer to your application received on 1 April 2026, requesting a minor change to an existing
               development approval. Council decided your requested changes.
               Details of the decision are as follows:
               1.     APPLICATION DETAILS

                   Application No:              132008.176.07

                   Street address:              3 & 7 Serenity Cl, Noosa Heads Qld 4567

                   Real property description:   Lot 10 SP 335472

                   Planning Scheme:             Noosa Plan 2020 (20 March 2026)

               2.     DECISION DETAILS

               The following type of approval was issued on 17 October 2024.
               •     Material Change of Use - Resort complex, Shop.
               In relation to the request to make a minor change to the existing approval, Council on 20 May 2026,
               decided to approve the requested changes. The changes are detailed below.
               A.      Approve the change.
               B.      Amend conditions 3 and 6.
               3.     CURRENCY PERIOD OF APPROVAL

               The currency period for this development approval is stated in the conditions below.




               ABN 97.969.214.121                                                             PO Box 141
               noosa.qld.gov.au                                                        Tewantin QLD 4565
               [email protected]                                                        07 5329 6500
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               4.   ASSESSMENT MANAGER CONDITIONS

                      PLANNING
                      When Conditions must be Complied With
               1.     Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to
                      the use commencing, and then compliance maintained at all times while the use continues.
                      Currency Period
               2.     This development approval lapses if the use has not happened by 17 October 2030 unless
                      an application to extend the currency period is approved by Council.
                      Approved Plans
               3.     Development authorised by this approval must be undertaken generally in accordance with
                      the Approved Plans listed in the tables below. The plans must be amended to incorporate
                      the amendments listed within the table below and resubmitted to Council prior to the issue
                      of any Development Permit for Operational Works*

                        Plan No.           Rev.                 Plan/Document Name                          Date

                        01-01-G           C       Plan – GA – Basement prepared by Richards           27.03.2026
                                                  and Spence

                        01-02-G           C       Plan – GA – Lower Ground prepared by Richards 27.03.2026
                                                  and Spence

                        01-03-G           C       Plan – GA – Ground Level prepared by Richards       27.03.2026
                                                  and Spence

                        01-04-G           C       Plan – GA – Level 01 prepared by Richards and       27.03.2026
                                                  Spence

                        01-05-G           C       Plan – GA – Level 02 prepared by Richards and       27.03.2026
                                                  Spence

                        01-06-G           C       Plan – GA – Level 03 prepared by Richards 27.03.2026
                                                  and Spence

                        01-07-G           C       Plan – GA – Level 03 Mezzanine prepared             27.03.2026
                                                  by Richards and Spence

                        01-08-G           C       Plan – GA – Roof prepared by Richards and           27.03.2026
                                                  Spence

                        02-12             C       Elevation – East Wing – East & west prepared 27.03.2026
                                                  by Richards and Spence

                        AR-021.11         A       Elevation – East Wing - North prepared by           30.08.2024
                                                  Richards and Spence

                        02-31             C       Elevation – West – North & South prepared by        27.03.2026
                                                  Richards and Spence

                        02-32             C       Elevation – West – East & West prepared by          27.03.2026
                                                  Richards and Spence




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                        AR-03-01          A      Sections- Sheet 1 prepared by Richards and           30.08.2024
                                                 Spence

                        AR-03-02          A      Sections - Sheet 2 prepared by Richards and          30.08.2024
                                                 Spence

                        03-03             C      Sections - Sheet 3 prepared by Richards and          27.03.2026
                                                 Spence

                        AR-03-04          A      Sections - Sheet 4 prepared by Richards and          30.08.2024
                                                 Spence

                        AR-03-05          B      Sections Sheet 5 prepared by Richards and            30.08.2024
                                                 Spence

                        03-06             C      Sections - Sheet 6 prepared by Richards and          27.03.2026
                                                 Spence

                        09-01             C      Height Plane Diagram prepared by Richards and        27.03.2026
                                                 Spence

                      Nature and Extent of Approved Use
               4.     The approved resort units must be used for short term visitors only. The approved units must
                      not be occupied by persons for the purpose of permanent accommodation, excluding those
                      persons in a manager's residence for the premises. The requirements of this condition must
                      be included in the Community Management Statement for anybody corporate for the subject
                      site.
               5.     The 6 metre setback area on the Serenity Close (north) and Banksia Avenue (east) frontages
                      are to be densely landscaped and not used as break out or access areas for the Function
                      Room. Fencing is to be removed from these areas.
                      Building Height
               6.     The maximum height of the development must not exceed 15 metres above the ground level,
                      with the exception of the west lift overrun, west awning and central lift overrun to the
                      extent indicated on the Height Plane Diagram. Including where excavation is undertaken
                      to the exposed portion of the external façade of the building.
               7.     The ground level must be reinstated around the basement level to ensure no part of which is
                      more than 1 metre above ground level, apart from the driveway entrances.
               8.     Certification must be submitted to Council from a Registered Cadastral Surveyor (Qld) which
                      certifies that the buildings do not exceed the maximum height requirement of this Decision
                      Notice.
                      Fencing
               9.     Any fencing provided in conjunction with the development must be setback at least 6 metres
                      from the street frontage setback and avoid the removal of vegetation wherever possible. All
                      gatehouses and entry pavilions are to be removed from this street setback area.
                      Amenity
               10.    The operation of the approved use must not detrimentally affect the residential amenity
                      (including but not limited to noise, overlooking, light spill or odour) enjoyed by surrounding
                      residents or cause a nuisance, including a noise nuisance.
               11.    The lobby bar, vehicle ramp and setdown area are to be appropriately enclosed and treated
                      so as to minimize noise impacts on the surrounding area.




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                      Hours of Operation
               12.    The use of the external swimming pools by guests and visitors is to be limited to the time
                      period of 6am and 9pm only.
               13.    The use of the treatment pools located along the southern side of the resort are limited to 6
                      am to 9pm.
               14.    The restaurants, bars and function centre are to operate between the hours of 6.30am and
                      12 midnight only.
               15.    Service vehicle movements associated with non-residential uses on the premises (including
                      loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday
                      and not at all on Sundays or public holidays. The requirements of this condition must be
                      included in the Community Management Statement for any body corporate for the subject
                      site.
                      Building Appearance
               16.    External design features, materials and finishes must be as shown on the Approved Plans,
                      with no inclusions or alterations made without approval in writing by Council, unless as
                      modified by conditions of this approval.
               17.    External finishes of the building must be a mix of lightweight and textured external finishes,
                      with masonry areas incorporating a variety of textured finishes to break up the surface, as
                      detailed on the approved plans.
               18.    All deck and balcony areas must not be enclosed with shutters, louvres, glass panelling or
                      the like thus remaining as open structures.
               19.    All balustrades to decks and balcony areas must include a mix of open and solid elements
                      as shown on the approved plans.
               20.    External colours and finishes must be of muted/environmental tones that blend with the
                      natural environment and low-reflective roofing and cladding materials.
               21.    All air conditioning units or other mechanical equipment must be fully enclosed or screened
                      such that they are not visible from the street frontages nor adjoining properties.
               22.    Waste storage areas, clothes drying areas and external storage areas must be screened
                      from view of the street. All mechanical equipment and other service infrastructure located on
                      the site must be:
                      a.      located not less than 2 metres from a property boundary;
                      b.      fully enclosed or screened such that they are not visible from the street frontages nor
                              adjoining properties. Where screened by landscaping, landscaping beds must be at
                              least 1.5 metres wide.
                      Community Management Statement
               23.    Any proposed Community Management Statement required for the development pursuant to
                      the Body Corporate and Community Management Act 1997 must be submitted to Council for
                      endorsement at the same time as submission of the Building Format Plan (or similar) to
                      Council for compliance assessment.
               24.    All clauses and by-laws of the proposed Community Management Statement must accord
                      with the requirements of this Decision Notice and, in particular, must include the following
                      additional clauses:
                      a.      The units must be used for short term accommodation for tourists and travellers only.




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                      Public Safety
               25.    During operating hours, all parking areas, pedestrian areas and entrances/exits to all
                      stairwells, lifts, foyers and public toilets must be well lit with vandal resistant lighting and with
                      intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”.
                      Lighting must be designed to reduce the contrast between shadows and well lit areas. In
                      particular, appropriate security lighting must be provided in the location of the bicycle/ scooter
                      parking and bin storage area.
               26.    After hours access to loading docks, storage areas and the basement carpark (including the
                      vehicle ramp and all stairwells) must be restricted by a security gate, lockable doors and/or
                      other suitably appropriate means. The basement carpark must be kept closed and locked at
                      all times while the use is not operating.
                      Street Identification
               27.    The building entrance or reception area must be clearly visible and identifiable from the street
                      or otherwise provided with signage and lighting at strategic locations to direct people to the
                      building entrance.
                      Performance Bonds
               28.    Security in the form of a cash bond or trading bank guarantee to the sum of $200,000 must
                      be submitted to Council, to secure performance of all conditions of this approval, prior to the
                      issue of a Development Permit for Operational Works. The cash bond or trading bank
                      guarantee will be returned on performance of the conditions of approval less any costs
                      incurred by Council in respect of enforcing performance of this permit. Council reserves the
                      right to call upon the bond or guaranteed sum to effect compliance with conditions.
                      Lot Amalgamation
               29.    All separate, adjoining lots that form part of this application shall be amalgamated into one
                      undivided allotment in accordance with the Plan of Survey submitted for registration at the
                      Land Titles Office. Proof of title being issued for the amalgamated lot shall be submitted to
                      Council prior to the commencement of use.
                      External Works
               30.    The Grant Street / Banksia Avenue roundabout must be modified to safely accommodate a
                      Heavy Rigid Vehicle. Plans, including swept paths, must be submitted to Council to
                      demonstrate that the design of the roundabout can cater for the HRV. The works must be
                      undertaken in accordance with an Operational Works approval.
                      Condition 30 is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
                      Site Access and Driveways
               31.    A sealed access driveway must be provided from Banksia Avenue and Serenity Close to all
                      parking and manoeuvring areas of the development. The works must be undertaken in
                      accordance with an Operational Works approval and must include in particular:
                      a.      driveway crossovers generally in accordance with Council’s Standard Drawing RS-051
                              and any associated addendum
                      b.      driveways located generally in accordance with the approved plans,
                      c.      suitable safety measures, including warning signage, to improve driver awareness of
                              pedestrians and enhance pedestrian safety. Warning signage must be provided near
                              the exit ramp from the underground parking area to warn motorists of pedestrian
                              movement along the frontage street




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                      Car Parking
               32.    A minimum of 298 car parking spaces and 8 motorcycle spaces must be provided and
                      marked on the site and made available and accessible at all times. The works must be
                      undertaken in accordance with an Operational Works approval and must include in particular:
                      a.      60 parking spaces within the total shall be made accessible for staff, commercial
                              customers and visitors and are to be clearly marked for that purpose.
                      b.      provision of vandal resistant public lighting with intensities to satisfy the requirements
                              of Australian Standard AS1158: Public Lighting Code.
                      c.      4 PWD parking space/s within the total.
                      d.      dimensions, crossfalls and gradients in accordance with Australian Standard AS2890:
                              Parking Facilities.
                      e.      Ev Charging stations are to be provided on site.
               33.    All vehicles must enter and leave the site in a forward direction.
               34.    All car parking areas and access driveways must be maintained exclusively for vehicle
                      parking and manoeuvring and kept in a tidy and safe condition at all times.
               35.    Directional signage must be provided to direct visitors and customers to the car parking
                      spaces provided on site.
               36.    A designated passenger loading zone must be provided adjacent to the check-in lounge and
                      reception at the location of the parallel parking, including a designating parking bay for a
                      wheelchair accessible vehicle at the forefront of the queue, with the remaining area
                      configured as unmarked bays to accommodate various vehicle combinations.
               37.    All parking bays within the basements must be fully functional. Swept paths of the entry and
                      exit to end parking bays must be clearly shown on plans submitted for operational works.
                      Alternative Transport
               38.    A shuttle bus with a minimum of 21 seats shall be provided and operated in conjunction with
                      the resort to ferry guests to local destinations to minimise traffic impacts on the local area.
                      Details of the proposed operation shall be submitted for Council approval prior to the issue
                      of a Development Permit for Operational Works.
               39.    E-bikes shall be made available for use by resort guests, the provision of which may be via
                      a service agreement with a hire company.
                      Security Access to Carpark
               40.    Where access to the carpark is proposed to be restricted by a security gate, provision must
                      be made for queuing of vehicles clear of the roadway while waiting for the security gate to
                      open.
               41.    All guests and visitors to the site must be provided with access to the carparking area on site.
               42.    Where a secure carpark services a commercial use on the site, the security gate must remain
                      open at all times while the commercial uses on the site are open for business. The
                      requirements of this condition must be included in the Community Management Statement
                      for any Body Corporate for the subject site.
                      Paving Treatment of Vehicle Movement Areas
               43.    Alternative materials, patterns, or threshold treatments must be used to articulate the
                      pavement treatment of vehicle movement areas.
                      Service Vehicles
               44.    Service vehicle parking, manoeuvring and standing spaces must be provided on the site. All
                      vehicles must enter and leave the site in a forward direction. The works must be undertaken
                      in accordance with an Operational Works approval



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                      Pedestrian and Bicycle Facilities
               45.    Pedestrian and bicycle facilities must be provided for the development. The works must be
                      undertaken in accordance with an Operational Works approval and must include in particular:
                      a.      A footpath constructed in the Serenity Close road reserve connecting the existing
                              pathway network to the proposed site entry.
                      b.      Signage and lighting at strategic locations to direct people to building entries and
                              facilities.
                      c.      A total of 50 bicycle parking spaces. Secure cycle parking is to be made available for
                              customers and staff of the premises at all times during business hours. The proposed
                              facilities are to be located to ensure compliance with AS2890.3 with regard to their
                              access, location and design.
                      d.      End of trip facilities involved 50 lockers, 10 showers and change rooms.
                      Condition 45a is imposed pursuant to s145 of the Planning Act 2016 being non-trunk
                      infrastructure.
                      Stormwater Drainage
               46.    Prior to the lodging of a development application for Operational Works, provide and have
                      endorsed by Council updated architectural plans, preliminary engineering plans, and
                      Stormwater Management Plan, which addresses the following:
                      a.      Acceptance of all external catchments
                      b.      Provide sizing and nominate the locations of roofwater harvesting tanks. The tanks are
                              to be sized to provide 80% reliability to supply water for landscape irrigation and pool
                              top up.
                      c.      Provide a method of removal of gross pollutants from all surface runoff (eg litter
                              baskets)
                      d.      Provide treatment of internal site runoff such that the pollutant removal requirements
                              of AO6.1 and AO6.2 of the Water Quality and Drainage Code are achieved prior to
                              discharge to surface waters or infiltration to groundwater. Provide MUSIC modelling to
                              demonstrate this will be achieved by the proposed stormwater treatment train.
                      e.      Provide in-situ hydraulic conductivity testing at the locations and depths nominated for
                              Rapid Infiltration Pits and demonstrate that the assumptions regarding infiltration rates
                              will be achieved. If not achievable, provide a revised design.
                      f.      Ensure the proposed method of stormwater management achieves no net reduction of
                              rainwater infiltrating the sand dunes beneath the site. This may be achieved either by
                              infiltrating all flows up to the 10%AEP or by alternative measures designed and
                              managed in accordance with a groundwater recharge and discharge management plan
                              prepared by a suitably experienced and qualified groundwater hydrologist. The
                              groundwater recharge or discharge must demonstrate that the development does not
                              affect groundwater balances beyond the property boundaries.
                      g.      Updated the maintenance and management plan of the Stormwater Management Plan
                              to reflect any changes.
                      All works are to be undertaken in accordance with the updated endorsed plans.




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               47.    The site must be provided with a stormwater drainage system connecting to a lawful point of
                      discharge. The works must be undertaken in accordance with an Operational Works
                      approval the Queensland Urban Drainage Manual, and must include in particular:
                      a.      the works as generally described in the updated Stormwater Management Plan
                              required by this permit
                      b.      collection and discharge of stormwater from the external catchment through the
                              development site, including provision of an overland flowpath which accounts for
                              severe storms or severe blockage of the underground network
                      c.      provision of drainage easements over all flowpaths conveying catchments external to
                              the site, in accordance with QUDM. Easement dimensions and locations are to be
                              shown on the plans submitted with the development application for Operational Works.
                      d.      the use of gravity stormwater drainage and not surcharge pits
                      Stormwater Quality Management
               48.    A stormwater quality treatment system must be provided for the development in accordance
                      with the updated Stormwater Management Plan required by this permit. The works must be
                      undertaken in accordance with an Operational Works approval.
               49.    Permanent educational signage must be erected to educate the customers to the
                      development about the function of the stormwater management devices provided at the
                      development. The dimensions, standard, presentation and location of the educational
                      signage must be in accordance with an Operational Works approval.
               50.    Stormwater management devices must be maintained as follows and records of all
                      maintenance activities undertaken must be kept and made available to Council upon request:
                      a.      All vegetated stormwater quality treatment devices must be maintained in accordance
                              with the Water by Design (2009) Maintaining Vegetated Stormwater Assets (Version
                              1). The approved Operational Works drawings for the stormwater quality treatment
                              system and detailed life cycle costing of the system must be attached as an addendum
                              to this document.
                      b.      All primary stormwater quality treatment devices must be routinely checked, serviced
                              and cleaned in accordance with the manufacturer’s recommendations.
                      c.      All other stormwater measures are to be maintained in accordance with the
                              Management and Maintenance Plan contained in the updated Stormwater
                              Management Plan required by this permit.
                      Services
               51.    Unless otherwise stipulated by telecommunications legislation at the time of construction, the
                      development must be provided with all necessary conduits, pits and pipes to accommodate
                      the future connection of optic fibre technology telecommunications.
               52.    Certification must be submitted to Council from all relevant service providers (Energex, NBN
                      and Unitywater) which certifies that the development has met the requirements of this
                      Decision Notice and all applicable legislation at the time of construction.
                      Easements
               53.    An easement for stormwater drainage purposes must be registered in favour of Council
                      against the title of the subject site. The easement must:
                      a.      Extend through the site from the northern Serenity Close frontage to the south-western
                              Serenity Close frontage,
                      b.      Be of sufficient width to fully contain the 1%AEP flows (year 2100) from the local
                              catchment encompassing the development,
                      c.      Be clearly shown on any plans submitted for Operational Works approval, and
                      d.      Be registered prior to the commencement of the use.


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               54.    Unless otherwise agreed in writing by the relevant service provider, any public or third party
                      infrastructure located on the subject site must be placed within an easement registered
                      against the title of the property.
               55.    All easements must be designed in accordance with the planning scheme and granted at no
                      cost to the Grantee. Where the Grantee is Council or a service authority, the easement
                      documentation must be in accordance with the Grantee’s standard easement terms. Draft
                      easement documentation must be submitted to Council for endorsement.
               56.    Any redundant easements must be extinguished prior to the commencement of the use.
               57.    All works must be kept clear of any existing or proposed easements on the subject land,
                      unless agreed otherwise in writing by the Grantee.
                      Geotechnical Stability
               58.    All works must be carried out in accordance with a site specific Geotechnical Report (or part
                      thereof) prepared by a qualified person* and endorsed through an Operational Works
                      approval.
                      *(Refer to Advisory Note)
               59.    Prior to the commencement of the use certification must be submitted to Council from a
                      qualified person* which certifies that the development has been constructed in accordance
                      with the recommendations contained in the site specific geotechnical report and that the
                      development has a minimum factor of safety against landslip of 1.5 in the long term.
                      *(Refer to advisory Note)
                      Earthworks and Retaining Walls
               60.    All earthworks and associated retaining structures/batters, both above and below ground,
                      both temporary and permanent, must be contained entirely within the subject site unless
                      written permission from the respective landowner(s) is provided to Council. All earthworks
                      must be undertaken in accordance with an Operational Works approval.
               61.    All earthworks must be undertaken in accordance with the provisions of Australian Standard
                      AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
               62.    Where the development involves excavation or filling over, or adjacent to, drainage, water
                      supply or sewerage infrastructure, all access chamber surface levels must be adjusted to
                      provide a freeboard of 100mm above the finished ground surface level.
               63.    All retaining walls must be designed and constructed in accordance with the planning scheme
                      and must be certified by an RPEQ where exceeding 1.0m in height. All retaining walls that
                      are publicly accessible and exceed 1.0m in height must be fitted with a commercial grade
                      safety fence.
                      Acid Sulfate Soils
               64.    Deleted.
                      Damage to Services and Assets
               65.    Any damage caused to existing services and assets as a result of the development works
                      must be repaired at no cost to the asset owner at the following times:
                      a.      where the damage would cause a hazard to pedestrian or vehicle safety, immediately;
                              or
                      b.      where otherwise, upon completion of the works associated with the development.
                      Any repair work which proposes to alter the alignment or level of existing services and assets
                      must first be referred to the relevant service authority for approval.




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                      Landscaping Works
               66.    The development site must be landscaped. The works must be undertaken by a qualified
                      person* in accordance with an Operational Works approval and the Noosa Plan 2020 PSP2
                      Landscaping. The works must include in particular:
                      a.      The works shown on the Approved Plans
                      b.      Deleted.
                      c.      A revegetation/rehabilitation plan for the 6metre setback fronting Banksia Avenue and
                              Serenity Close and the Environmental Management and Conservation Zones. The
                              revegetation/rehabilitation plan must have regard to the bushfire Site Management
                              Plan required by condition 75.
                      d.      Landscape and tree planting areas must accommodate deep soil zones to provide
                              screening/buffering of the built form elements and provide vertical scale to achieve the
                              minimum screening/buffering. Subsurface infrastructure must be designed to
                              accommodate the vegetation outcomes.
                      e.      Landscape vegetation with vertical scale to provide screening/buffering of the built form
                              when viewed from public view, designed such, that a minimum 50% of the built form
                              will be screened/buffered at maturity. This includes side boundaries.
                      f.      Vegetated screening of any bin storage areas and the like from the road frontage.
                      g.      Provision of 1 street tree (Lophostemon confertus) centrally located between each
                              existing street tree located within Serenity Close road reserve.
                      h.      Control of all weeds species listed in the following standards and legislation:
                              i.       declared plants under the Land Protection (Biodiversity Act 2014 and sub-
                                       ordinate Regulation 2016).
                              ii.      Noosa Biosecurity Plan 2020.
               67.    All landscape works must be established and maintained in accordance with the approved
                      design for the life of the development, and in a manner that ensures healthy, sustained and
                      vigorous plant growth. All plant material must be allowed to grow to full form and be
                      refurbished when its life expectancy is reached.
                      Retention of Existing Trees
               68.    Existing trees on the site within the 6m road frontage boundary setbacks, the Environmental
                      management and conservation zone and in the road reserve must be retained and protected
                      in accordance with an updated Arborist Report / Vegetation Management Plan, including
                      assessment in accordance with AS 4970-2009 Protection of trees on development sites,
                      prepared by a qualified person* and endorsed through an Operational Works approval.
                      The Arborist Report/ Vegetation management Plan must include:
                      a.      Identify all Koala and Glossy Black Cockatoo Trees in the areas to be protected.
                      b.      oversee installation of a hard temporary protection zone prior to commencement of
                              works with ‘no go’ signage in accordance with AS 4970-2009.
                      c.      supervise any works within the temporary protection zone;
                      d.      undertake hazard reduction and formative pruning as necessary; &
                      e.      provide certification that the trees were protected in accordance with the Arborist’s
                              recommendations.
                      *(Refer to Advisory Note)




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               69.    Prior to the prestart meeting, a bank guarantee or a bond of $50,000 must be lodged as
                      security for the protection of the trees identified for retention in the conditions of this approval.
                      The bond:
                      a.      may be drawn upon by Council in its entirety if any one tree identified for retention is
                              damaged to the point where the tree cannot be saved (as confirmed by the project
                              arborist and agreed in writing by Council)
                      b.      will be returned upon practical completion of all the operational works relating to this
                              development.
                      Land Rehabilitation
               70.    A vegetation protection covenant must be registered over the area identified as the 6 metre
                      vegetated setback from Serenity Close and Banksia Avenue and the Environmental
                      Management and Conservation Zones on the Approved Plans pursuant to Section 97A of
                      the Land Title Act 1994. The covenant document must reference the bushfire Site
                      Management Plan required by condition 75 and the Vegetation Management Plan required
                      by condition 68. The covenant document and a survey plan must be submitted to Council for
                      endorsement prior to lodgement with the relevant titles authority for registration of title. The
                      covenant document must:
                      a.      incorporate the requirements of this Decision Notice
                      b.      include Noosa Council as Covenantee
                      c.      reference Queensland Land Title Registry Standard Terms Document No. 715597513.
               71.    If a provision included in the covenant document is requisitioned or refused registration by
                      the relevant titles authority, a substitute provision must be included in the document which
                      as nearly as practicable addresses the objective sought by the requisitioned or refused
                      provision. The wording of the substitute provision must be agreed by Council.
                      Fauna Management
               72.    Vegetation must only be removed or disturbed in accordance with a fauna management plan
                      prepared by a qualified person* and endorsed through an Operational Works approval and
                      must address the following:
                      Site inspection
                      (a)       Prior to any site disturbance, a site inspection will be completed by a suitably qualified
                                person* to identify any follow-bearing trees and/or other significant habitat features
                                (i.e. den sites, nests, hollowed termitarium etc.) These will be clearly marked in the
                                field with high visibility paint as well as shown on appropriately scaled plans.
                      Pre-clearing fauna trapping
                      (b)       Subsequent to the site inspection, and prior to commencement of site clearing works,
                                a pre-clearing trapping program will be completed targeting native ground-dwelling
                                and arboreal mammals. The trapping program will be designed to progressively
                                move through the site, from the north towards the south, ahead of the subsequent
                                under scrubbing operations. Each area will be trapped for a minimum of four (4)
                                nights, and any animals captured will be relocated to suitable habitat area/s in
                                consultation with Noosa Shire Council and the Department of Environment and
                                Science (DES). Arboreal mammals captured will be re-located within suitably
                                designed nest-boxes to be installed at the agreed release site.
                      (c)       Once the area has been trapped, and the extent of the trapped area clearly identified
                                the groundcover and midstory can be cleared utilising slashing or similar. Any hollow-
                                bearing trees and/or other significant habitat features identified during the initial site
                                inspection will be retained. All under scrubbing works will be completed with a
                                suitably qualified fauna spotter/catcher in attendance.




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                      Clearing non-habitat trees
                      (d)       After under scrubbing of each area is complete, non-habitat trees (i.e. trees other
                                than those identified as habitat trees) will be cleared and stockpiled for mulching.
                                Clearing of non-habitat trees will only occur where their removal will not impact on
                                identified habitat trees (e.g. canopies do not interconnect with habitat trees).
                      Hollow inspection and removal
                      (e)       After under scrubbing and clearing on non-habitat trees, an elevated work platform
                                or cherry-picker will be used in conjunction with a chainsaw operator and suitably
                                qualified fauna spotter/catcher to inspect and remove hollows a necessary prior to
                                habitat tree felling.
                      (f)       When the fauna has been safely secured within its hollow (or compensatory
                                habitat/nest box), the entire limb can then be placed in the cherry-picker bucket or
                                lowered to the ground using ropes depending on the size of the limb.
                      (g)       The limb and/or compensatory habitat/nest box will then be placed in a cool, quiet
                                location until translocation to the recipient habitat site, when at dusk the hollow
                                entrance is re-opened to allow the fauna to emerge of its own accord.
               73.    Any proposed new fencing to delineate boundary alignments, with the exception of pool
                      fencing directly around pool areas, must be constructed to allow for the movement of fauna.
               74.    Twenty (20) permanent artificial nesting boxes must be installed within the Environmental
                      Management and Conservation Zone to provide compensatory habitat for arboreal mammals
                      and hollow dependent avian species. The works must be undertaken in accordance with an
                      Operational Works approval.
                      Bushfire Management
               75.    All works must be carried out in accordance with a Site Management Plan (or part thereof)
                      prepared by a qualified person* and endorsed through an Operational Works approval. The
                      Site Management Plan must incorporate all precautionary bushfire obligations required to
                      ensure landscape design measures are achieved that meet a low fuel state at all times and
                      provide management techniques for the development site administrators to consider as part
                      of the development construction and ongoing maintenance.
                      *(Refer to Advisory Note)
               76.    Certification must be submitted to Council from a qualified person* which certifies that the
                      development has been constructed in accordance with the bushfire management conditions
                      of this Decision Notice.
                      *(Refer to Advisory Note)
               77.    A Bushfire Evacuation Plan for the site must be prepared by a qualified person* and
                      submitted to Council prior to the issue of any Development Permit for Operational Works.
                      *(Refer to Advisory Note)
               78.    A copy of the Bushfire Evacuation Plan for the development must be provided to the nearest
                      fire authority.
                      Waste Management
               79.    A Waste Management Plan must be prepared that details the type and quantity of waste
                      material that is likely to be generated by the development; where and how the waste will be
                      stored, disposed of and procedures for handling the waste. The Waste Management Plan
                      must be submitted and approved by Council prior to the issue of a Development Permit for
                      Operational Works.




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               80.    The developer must provide waste storage and disposal facilities in accordance with
                      Planning Scheme Policy 9 - Waste Management. The facilities must include an impervious
                      area, within the site, correctly sized for all refuse and recycling containers and suitably
                      screened from public places and neighbouring properties. A bin wash area is required with a
                      cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet
                      must be designed to prevent storm water entry to the sewerage system.
                      Energy & Water Efficiency
               81.    All hot water systems installed shall be either solar systems; electric heat pump systems; or
                      gas systems (LPG or natural).
               82.    All new kitchen, laundry and bathroom fittings shall comply with the AAA Water Conservation
                      Rating System as defined by the AS/NZS 6400 (Water Efficient Products - Rating and
                      Labelling 2003) and AS/NZS 3500 (National Plumbing and Drainage Standard Part 1.2), or
                      current equivalent standards as may apply, with toilets to comply with the AAAA Water
                      Conservation Rating System. All new tap ware and shower roses shall not exceed a
                      maximum flow of 9 litres per min. Dishwashers and washing machines are excluded from
                      this requirement.
               5.    REFERRAL AGENCIES

                Referral Status        Referral Agency and Referral Trigger                   Response
                                       Address
                Concurrence            SARA at DILGP SARA        Schedule 10, Part 9,         The agency provided
                                       at DILGP Via MyDAS2       Division 4, Subdivision 1,   is response on 27
                                       at https://prod2.dev-     Table 1, Item 1 –            June 2025
                                       assess.qld.gov.au/suite   Development impacting        (Reference No
                                       / (for assistance,        on sate transport            22070) A copy of the
                                       contact DILGP at 5352     infrastructure               response is attached
                                       9701 or                   Schedule 10, Part 10,
                                       email:SEQNorthSARA        Division 3, Subdivision 3,
                                       @dilgp.qld.gov.auConc     Table 1 – Development
                                       urrenceSARA               interfering with koala
                                                                 habitat in koala habitat
                                                                 areas outside koala
                                                                 priority areas

               6.    ADVISORY NOTES

               The following notes are included for guidance and information purposes only and do not form part
               of the assessment manager conditions:
                      Building and Construction Industry (Portable Long Service Leave) Levy
               1.     The QLeave levy must be paid prior to the issue of a development permit where it is required.
                      Council will not be able to issue a Decision Notice without receipt of details that the Levy has
                      been paid.
                      Co-ordination of Operational Works Assessment
               2.     Additional application fees apply to Operational Work applications where the different
                      aspects of the works are lodged separately. Significant savings in application fees will result
                      if all works are lodged in a single application.




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                      Qualified Person
               3.     For the purpose of preparing a Geotechnical Report, and for certifying geotechnical stability
                      for the development, a qualified person is considered to be a person who:
                      a.      is a Registered Professional Engineer of Queensland (RPEQ); and
                      b.      has a degree in civil engineering or engineering geology; and
                      c.      has a minimum of 5 years experience in the field of geotechnical engineering or
                              engineering geology.
                      Preparation of a Preliminary Construction Management Plan
               4.     A preliminary Construction Management Plan must be submitted with the Operational Works
                      application and must address the following:
                      a.      traffic management during all aspects of the construction phase including:
                              i.       a Traffic Management Control Plan in accordance with the Manual of Uniform
                                       Traffic Control Devices (MUTCD) detailing all temporary signage and traffic
                                       control measures prior to construction
                              ii.      maintenance of safe pedestrian access for the areas affected by the works during
                                       and after daily construction has ceased
                              iii.     proposed fencing to the site during the construction phase of the development
                              iv.      approval of the Traffic Management Control Plan by the Department of Transport
                                       and Main Roads (DTMR) for any works on State controlled roads
                              v.       provision for worker car parking
                      b.      maintenance and protection of water quality and existing drainage lines through the
                              construction site, through the implementation of appropriate erosion and sediment
                              control measures
                      c.      works programme identifying key components of the works and their respective
                              durations
                      d.      establishment of a communication protocol with the general public, adjoining owners,
                              emergency services and local businesses to advise of agreed construction times,
                              impacts on traffic, services and other relevant issues.
                      e.      Include a post out to the local residents and businesses advising of the proposed
                              development, the expected time frames and the site contact details.
                      f.      Include signage in prominent locations on the boundaries of the site advising of the
                              proposed development, the expected time frames and the site contact details.
                      g.      identification of complaint management procedures including:
                              i.       contact details for the on-site manager
                              ii.      dispute resolution procedures
                      h.      details on the location of external fill/dump sites/sources, the haulage route, type of
                              vehicle to be utilised during filling operations and frequency of usage. NB any damage
                              to the existing road system as a result of haulage operations shall be fully repaired at
                              the applicant’s expense
                      i.      it is acknowledged that the preliminary Construction Management Plan will be a draft
                              document requiring finalisation upon appointment of the Principal Contractor employed
                              to construct the works and a final document will be required to be submitted at the Pre-
                              Start Meeting for the project.
                      Private Infrastructure
               5.     All private infrastructure for the development must be designed to meet the planning scheme
                      requirements unless otherwise agreed by the relevant authority


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                      Qualified Person
               6.     For the purpose of preparing a Landscape Plan, a qualified person is considered to be a
                      landscape architect, landscape designer and/or horticulturist with a minimum of 3 years
                      current experience in the field of landscape design.
               7.     For the purpose of preparing an Arborist Report, a qualified person is considered to be a
                      person with either:
                      a.      ISA certification; or
                      b.      a Diploma of Arboriculture in addition to a minimum of 3 years current experience in
                              the field of arboriculture.
               8.     For the purpose of preparing a Rehabilitation Plan, a qualified person is considered to be a
                      landscape architect or ecologist with a minimum of 3 years current experience in the field of
                      landscape design.
               9.     For the purpose of preparing a Fauna Management Plan, a qualified person is considered to
                      be an ecologist with a minimum of 3 years current experience in the field of fauna assessment
                      and management.
               10.    For the purpose of preparing a Bushfire Management Plan, and for certifying compliance
                      with the bushfire requirements of this Decision Notice, a qualified person is considered to be
                      an ecologist with a minimum of 3 years current experience in the field of bushfire assessment
                      and management.
                      Bonds
               11.    An applicant for a development application may make an agreement with an assessment
                      manager, referral agency or other person to establish the responsibilities, or secure the
                      performance, of a party to the agreement about a development condition.
                      Infrastructure Charges
               12.    All developments and/or changes to existing developments may require payment of
                      “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution”
                      made pursuant to the planning legislation and regulations current at the time of issue. For
                      further information, please refer to https://www.noosa.qld.gov.au/planning-
                      development/development-tools-guidelines/infrastructure-charges
               13.    The Infrastructure Charges Notice issued in relation to this Other Change Approval
                      132008.176.05 is payable in addition to the Infrastructure Charges Notices and Condition
                      88 (Contributions Towards Council Infrastructure) issued under the original approval
                      13.2008.176 and updated under the Change to an Existing Approval 132008.176.03.
               7.    PROPERTY NOTES

               Vegetation Protection Covenant
               1.     A Vegetation Protection Covenant applies to this property. No clearing of vegetation is to
                      occur within the covenanted area, except where in accordance with the terms of the
                      covenant.
               8.    VARIATION APPROVAL DETAILS

               Not applicable.




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               9.     FURTHER DEVELOPMENT PERMITS REQUIRED

                Type of Development Permit Required                Subject of the required Development Permit

                Development            Permit     for   Operational Landscaping, Roadworks, External        Works,
                Works                                               Earthworks, Stormwater Access

                Development Permit for Building Works              All Building Works

               10. SUBMISSIONS

               There were 107 properly made submissions about the application. In accordance with the Planning
               Act 2016, the name, address and electronic address of the principal submitter for each properly
               made submission is provided and attached.
               11. RIGHTS OF APPEAL

               You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
               Planning Act 2016 is attached.
               During the appeal period, you as the applicant may suspend your appeal period and make written
               representations to Council about the conditions contained within the development approval. If
               Council agrees or agrees in part with the representations, a negotiated decision notice will be
               issued. Only one negotiated decision notice may be given.
               12. OTHER DETAILS

               If you wish to obtain more information about the decision, electronic copies are available online at
               www.noosa.qld.gov.au or at Council Offices.


               Yours faithfully,

               Patrick Murphy
               Manager | Development Assessment
               Development & Regulation



               Enc:    Referral Agency Response
                       Appeal Rights
                       Approved Plans/Documents
               cc.     [email protected]




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               DECISION NOTICE HISTORY
               •      Original Decision Notice – 8 April 2010 - Development Permit for Material Change of Use – Resort Development comprising
                      Multiple Dwelling (109 Dwelling Units) and Accommodation Building (90 Accommodation Units) and Ancillary Facilities to be
                      assessed against the Superseded Planning Scheme
               •      P & E Court Consent Order – 14 October 2011
               •      Pre Request Response Notice – 22 July 2013 – Minor Change – 132008.176.02, with an amendment to condition 35 & include
                      additional condition 106.
               •      Decision Notice – Minor Change – 132008.176.03 – 7 February 2017, with an amendment to condition 35.
               •      Decision Notice – Extension of Currency Period – 132008.176.04 – 17 October 2024.
               •      Decision Notice – Other Change – 132008.176.05 – 17 October 2024, Other Change Approved amended the approval to
                      Development Permit for Material Change of Use – Resort Complex and Shop (New set of conditions applied 1-82).
               •      Decision Notice – Negotiated – 132008.176.05 – 26 February 2025, with an amendment to conditions 7, 17, 19, 29, 39, 46b,
                      66c, 66f, 68, 70 & 73 and delete conditions 64 & 66b.
               •      Pre Request Response Notice – 26 May 2025 – Change to SARA conditions
               •      Decision Notice – Minor Change – 132008.176.07 – 20 May 2026, with amendments to conditions 3 & 6.




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                                       Referral Agency Response
                                       PLANNING ACT 2016 & PLANNING REGULATION 2017




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Changed response

2502-44623 SPD

 

Outcome:

Date of original response:
Original reference:
Conditions:

Advice:

Development details

Referral agency response — with conditions
26 October 2023
2210-31715 SRA

The conditions in Attachment 2 must be attached to any
development approval

Advice to the applicant is in Attachment 3

 

Description:

SARA role:
SARA triggers:

Assessment manager:
Street address:

Real property description:
Applicant name:

Applicant contact details:

Additional details

Development permit for material change of use — other change to

include Resort Complex and Shop

Referral agency

Planning Regulation 2017:

* Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1—
Development impacting on state transport infrastructure

* Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1—
Development interfering with koala habitat in koala habitat areas
outside koala priority areas.

Noosa Shire Council

3 and 7 Serenity Close, Noosa Heads

Lot 11 on SP195871 and Lot 10 on SP335472

Calle Malouf Investments Pty Ltd

c/- Project Urban

PO Box 6380

Maroochydore BC QLD 4558
Scott. [email protected]

 

Native title considerations:

Human Rights Act 2019
considerations:

Dispute resolution

Native title is considered to be extinguished in accordance with module
AB of the Native Title Work Procedures.

Consideration of the Human Rights Act 2019 sections 15 to 35 has
been undertaken as part of this response. It has been determined that
this response does not limit human rights.

 

Appeal:

‘State Assessment and Referral Agency

Document Set ID: 24809674
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The rights of applicants to appeal to a tribunal or the Planning and
Environment Court against decisions about a change application are
set out in Chapter 6, Part 1 of the Planning Act 2016. Copies of the
relevant provisions are in Attachment 4.

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2502-44623 SPD

For further information please contact Poppy Ellis-Southwell, Principal Planning Officer, on
(07) 5644 3214 or via email [email protected] who will be pleased to assist.

Yours sincerely

Kieran Hanna
Manager (Planning)

enc Attachment 1 - Reasons for responsible entity decision
Attachment 2 ~ Changed referral agency conditions
Attachment 3 ~ Changed advice to the applicant
Attachment 4 ~ Appeal provisions
Attachment 5 ~ Documents referenced in conditions

cc Noosa Shire Council, [email protected]

‘State Assessment and Referral Agency Page 3 of 13

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(2502-44623 SPD

Attachment 1—Reasons for responsible entity decision

 

(Given under section 83(9) of the Planning Act 2016)

The reasons for SARA's decision are:
« The development was assessed as being minor in accordance with the Planning Act 2016 and the
Development Assessment Rules.

« SARA assessed the development against the following codes of the State Development Assessment
Provisions (SDAP), version 3.0:
0 State code 6: Protection of state transport networks (State code 6)
0 State code 25: Development in South East Queensland koala habitat areas (State code 25).

« The development complies with the assessment benchmarks of State code 6 of SDAP in that the
development:
© protects state transport infrastructure, public passenger transport infrastructure, active
transport infrastructure and public passenger services from the adverse impacts of
development;
© maintains the operating performance of the transport network;
ensures development enables safe and convenient access to public passenger transport;
© does not create a safety hazard for users of state transport infrastructure or public passenger
services by increasing the likelihood or frequency of a fatality or serious injury:
0 does not result in worsening of the physical condition or operating performance of the state
transport network:
© provides public passenger transport infrastructure to enable development to be services by
public passenger transport;
0 provides safe and direct access to public passenger transport infrastructure or active
transport infrastructure, including access by cycling and walking.

* The development complies with the assessment benchmarks of State code 25 of SDAP in that the
development:
0 does not cause an unacceptable impact on mapped koala habitat areas;
0 is designed and located to avoid impacts or, where the matters of state environmental
Significance cannot be reasonably avoided, impacts are reasonably minimised and mitigated;
© results in a significant residual impact that is acceptable, and an offset is provided.

Material used in the assessment of the change application:
the development application material and submitted plans
Planning Act 2016

Planning Regulation 2017

the SDAP (version 3.0), as published by SARA

the Development Assessment Rules

SARA DA Mapping system

section 58 of the Human Rights Act 2019.

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Attachment 2—Changed referral agency conditions

 

(Under secon 56(1)(b)i) of the Planning Act 2076 the following condibons must be allached to any Gevelopment
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)

 

No. | Conditions | Condition timing
Development permit for material change of use for Resort Complex and Shop

Schedule 10, Part 10, Division 3, Subdivision 3, Table 1, Item 1 (Planning Regulation 2017}—
Development interfering with koala habitat in koala habitat areas outside koala priority areas —SEQ
Keate Habitat rea Development interfering with koala habitat in koala habitat areas outside
koala priority areas—The chief executive administering the Planning Act 2016 nominates the
Director-General of Depatmentct Enviconmentand Science the Department of the Environment,
Tourism, Science and Innovation to be the enforcement authority for the development to which this
development approval relates for the administration and enforcement of any matter relating to the
following condition(s):
eee fe

- Interfering with
koala habitat is limited to the clearing of 106 non-juvenile koala habitat
trees identified as ‘Removed (NJKHT)' on KTSP04a: Trees Retained and
Removed, prepared by Litoria Consulting, drawing reference 22011
KTSP04a, issue 8 C, dated +8402023 30/01/2025.

 

 

 

 

 

2. | Prior to any building or operational works being undertaken prepare a (a) - (d) Prior to

eate Fauna Management Plan, which must: any building or

(a) Identify the clearing and construction activities that may increase the operational works
risk of stress, injury or death of koalas: being undertaken.

(b) Detail the management measures that will be implemented during (e) At all times
clearing and construction works to prevent the risks identified in part during clearing and
(a) of this condition, including but not limited to alll of the following: construction works.

(i). Details of pre-ciearing inspections of the vegetation to be
cleared:

(i). Measures required under the Nature Conservation (Koala)
Conservation Plan 2017, including the staging and
sequencing of clearing and provisions for a koala spotter
during clearing operations;

(li). Procedures for the recovery of koalas;

(iv). | Measures for dealing with trapped, injured, orphaned and
deceased koalas;

(v). Contact details for the contractor for reports of at risk or
injured koalas;

(vi). | Procedures for checking machinery for koalas;

(vii). | Measures to protect retained koala habitat and vegetation
{including open land) in accordance with Australian Standard
AS4970-2009;

(vail). | The use of fauna exclusion fencing;

(ix). | Measures to minimise the impact of construction related dust
on adjacent koala habitat;

(x). Signage in areas of vehicular traffic on site;

(xi). | Measures to manage the risks posed by dogs (e.g.. guard

dogs) on site:

Measures to raise awareness amongst construction workers

 

 

 

 

 

 

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Document Set ID: 24809674
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No. | Conditions Condition timing
of koalas on and near the construction activities.

(c) Be certified by a suitably qualified and experienced person.

AND

(d) Submit the Koala Fauna Management Plan to the Department of the
Environment, Tourism, aad Science and Innovation at
[email protected]

(e) Implement the management measures contained in the Keata Fauna
Management Plan.

3. | (a) Prepare a rehabilitation plan for areas identified as environmental (a) and (b) Prior to
management and conservation zone within Landscape Plan, DARFI | commencing any
Response Comparison, prepared by Richards and Spence, drawing clearing or
reference 2100014, Rev C. The rehabilitation plan must be prepared construction works.
by an appropriately qualified person(s), and must address as a
minimum: (c) To commence

(i). details of the rehabilitation objectives for the site: no more than 1
(i). the number of Koala habitat trees to be established on the month after the
site; completion of
(ji). _ the planting palette and planting density of the proposed clearing and
rehabilitation; construction works.
(iv). details of how the vegetation planted as a result of the
rehabilitation work will be suitably maintained. (d) Within 3 months
from the
(b) Provide the rehabilitation plan to the Department of the completion of the
Environment, Tourism, aad Science and Innovation at rehabilitation
[email protected] or mail to: works.
Koala Assessment and Compliance
Department of the Environment, Tourism, and Science and
Innovation
GPO Box 2464 15187 Bastase City East, Queensland 490+ 4002
(c) Undertake the rehabilitation of the site in accordance with the
rehabilitation plan;
(d) Certification by an appropriately qualified person(s) that (a), (b) and
(c) have been fulfilled, must be provided to the Department of the
Environment, Tourism, aad Science and Innovation at:
[email protected]
oR
Koala Assessmentand Compliance
DepartmentetGavirenmentand Science
SEL Si lhl cesar eens
4. | Deliver an environmental offset in accordance with the Environmental Prior to
Offsets Act 2014 to counterbalance the significant residual impacts on the | commencing any
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2502-44623 SPD

 

Conditions

Condition timing

 

matter of state environmental significance being 34 58 non-juvenille koala
habitat trees.

Note: Section 16 of the Environmental Offsets Act 2014 provides that
when an offset condition is imposed on an authonty, a number of deemed
conditions are taken to apply. These deemed conditions are detailed in
sections 19B, 22, 24 and 25 of the Environmental Offsets Act 2014.
Contravention of a deemed condition is taken to be contravention of an
imposed condition.

More information on offset delivery can be found here:
https://www.gid.gov.au/environment/pollution/management/offsets/deliven’
ng.

Please send the notice of election to SEQNeRaSARABdsdige git gensy
[email protected].au-

clearing works.

 

Prior to the commencement of clearing activities, notify the Department of
the Environment_Tourism, aa¢ Science and Innovation at
[email protected] of:

« the expected date the clearing activity will commence;

« the expected duration of the clearing activity;

+ the name and contact details of the koala spotter that has been

* contracted for the clearing activity; and

* the name, contact details and authority number of the spotter

* catcher that has been contracted for the clearing activity.

72 hours prior to
commencement of
vegetation clearing.

 

Any pools to be constructed must be designed, constructed, and
maintained as koala-safe pools as described in the Koala Sensitive
Design Guideline Vessies-2), prepared by the Department of the
Environment, Tourism, aad Science and Innovation dated December
=

At all times.

 

 

 

(a) Provide a Fauna Management Plan prepared by a suitably qualified
and experienced person, in accordance with the Koala Sensitive
Design Guideline essies-3}, prepared by the Department of the
Environment, Tourism, aad Science and Innovation dated Desember
2022, to minimise impacts to koalas and other wildlife inhabiting or
moving through the site

Required koala protection measures must include, but are not limited
to:

« Signage depicting a koala and maximum speed limit of 20km/h
should be erected at the entrance to the site to inform visitors
that koalas may be present on the site

«= Traffic calming devices must be installed along the main
entrance and internal roads where they intersect with, or are
directly adjacent to koala movement corridors on the site

« Artificial lighting on the subject site must be operated to ensure

itis directed away from the adjacent conservation areas and
other fauna corridors to minimise impacts to koalas and other

 

(a) and (b) prior to
operational works
eccurring within the
site.

(c) Within 30 days

of completion of
vegetation clearing.

 

 

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State Assessment and Referral Agency

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2502-44623 SPD

 

No. | Conditions

Condition timing

 

wildlife inhabiting or moving through the site
« The location of any koala exclusion fencing and/or koala
inclusion fencing.

(b) Submit the Fauna Management Plan to the Department of the
Environment, Tourism, ané Science and Innovation at
[email protected]

(c) Implement the management measures contained in the Fauna
Management Plan.

 

 

 

Schedule 10, Part 9, Division 4, Subdivision 1, Table 1, Item 1 (Planning Regulation 2017)—
Development impacting on state transport infrastructure —Pretesten of State Traaseet Nemrenss
Development impacting on state transport infrastructure—The chief executive administering the
Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to
be the enforcement authority for the development to which this development approval relates for the

administration and enforcement of any matter relating to the following condition(s):

 

 

8. | (a) The development must provide a private bus stop on the Serenity

Close frontage of the site, adjacent to the development's pedestrian
entry, at the location shown on the Plan-GA-Ground Floor, prepared
by Richards and Spence, drawing reference $B-4-0+-02-G AR-01-
03-G, revision K D. dated 0507/2023 16.06.25, asamendedinsed.

(b) The private bus stop required in part (a) of this condition must be in
accordance with the Disability Standards for Accessible Public
Transport 2002 made under subsection 31(1) of the Disability
Discrimination Act 1992 and include the following:

(i) a bus zone with minimum capacity for the set down of one

single unit rigid bus of 14.5m in length

(i) — bus zone signs R5-20 at either end of the bus zone and
pavement marking in accordance with AS1742.11 — Manual of
uniform traffic control devices, Part 11: Parking controls

(iii) lighting in accordance with AS/NZS 1158.3.1 — Lighting for
Roads and Public Spaces, Part 3.1: Pedestrian Area
(Category P) Lighting - Performance and Design
Requirements

(iv) access and hardstand for waiting and boarding/alighting
passengers

(v) a paved pedestrian footpath adjacent to the bus zone for its
entire length and extending to the development's pedestrian
entry stairs and ramp in Serenity Close.

(c) Provide no stopping signage (R5-35) and pavement marking in
accordance with AS1742.11 — Manual of uniform traffic control
devices, Part 11: Parking controls in the Serenity Close cul-de-sac,
excluding vehicle crossovers.

(d) RPEQ certification, with supporting documentation, must be provided

 

 

(a) — (d) Prior to
the
commencement of
use.

 

 

State Assessment and Referral Agency

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2502-44623 SPD

 

Conditions

Condition timing

 

to the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of
Transport and Main Roads confirming that the development has been
designed and constructed in accordance with parts (a) and (c) of this
condition.

 

 

 

(a) The development must provide a passenger loading zone adjacent to
the check-in lounge and reception at the location shown on Plan-GA-
Ground Floor, prepared by Richards and Spence, drawing reference
SBA+626 AR-01-03-G. revision K D, dated 66072022 16.06.25.
se

(b) The passenger loading zone required in part (a) of this condition must
be in accordance with the Disability Standards for Accessible Public
Transport 2002 made under subsection 31(1) of the Disability
Discrimination Act 1992 and include the following:

w@ ee
concument parking of 3 x B00 standard vehicles _txuhse!

: 2 x mini £8.00 ;
total parailelic kesh a continuous northern passenger
loading zone parallel to kerb with minimum dimensions
of 23.4m x 2.5m;

fi) a continuous southern passenger loading zone parallel
to kerb with minimum dimensions of 19m x 3.2m:

 

  

aecerdancesaé the southern passenger loading zone in
{ii) above, designed (not designated) to allow for the
Parking of at least one wheelchair accessible taxi in
accordance with the following:
* AS1428.1 - Design for access and mobility;
* AS2890.6 — Parking Facilities, Part 6: Off-street parking
for people with disabilities; and
* Chapter 7 — Taxi Facilities of the Public Transport
Infrastructure Manual 2015-aad.
. Disability S § ible Public T:

F - signage and line
marking in accordance with AS1742.11 — Manual of uniform

traffic control devices, Part 11: Parking controls: or the

equivalent private signage and line marking to designate:

+ the northern passenger loading zone in item (i) of this
condition, to standard taxis, booked hire services and
Private vehicles with passengers — 2 minute parking:
and

 

 

(a) — (b) Prior to
the
commencement of
use and to be
maintained at all
times.

(c) Prior to the

commencement of
use.

 

 

State Assessment and Referral Agency

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2502-44623 SPD

 

Conditions

Condition timing

 

 

 

southern passenger loading zone in item (ii) of this

condition, to mini-buses and PWD dro;
with passengers ‘ hour parking:

ic ku

(v) lighting in accordance with AS/NZS 1158.3.1 — Lighting for
Roads and Public Spaces, Part 3.1: Pedestrian Area

(Category P) Lighting — Performance and Design

Requirements; and
(vi) access and hardstand, and shelter with seats, for waiting and
boarding/alighting passengers.

(c) RPEQ certification, with supporting documentation, must be provided
to the Program Delivery and Operations Unit, North Coast Region
([email protected]) within the Department of
Transport and Main Roads confirming that the development has been
designed and constructed in accordance with parts (a) and (b) of this

condition.

 

 

 

Document Set ID: 24809674
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‘State Assessment and Referral Agency

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Attachment 3—Changed advice to the applicant

 

 

General advice

 

1.

Terms and phrases used in this document are defined in the Planning Act 2016, its regulation
or the State Development Assessment Provisions (SDAP) (version 3.0). If a word remains
undefined it has its ordinary meaning.

 

Terms defined in the Glossary of Terms found within the State code 25: Development in South
East Queensland Koala Habitat Areas are taken to have the same meaning in these
conditions.

 

A reference to State code 25 is a reference to the version of the State code 25: Development in
South East Queensland Koala Habitat Areas in effect as at the date of this development
approval.

 

The Nature Conservation (Koala) Conservation Plan 2017 includes mandatory requirements
that apply to all persons undertaking the clearing of koala habitat trees, including that clearing
be undertaken sequentially and in the presence of a koala spotter.

Penalties for non-compliance apply.

For further information please contact the Department of the Environment, Tourism and
Science and Innovation at [email protected] this development approval, other permits or approvals may be required for the clearing
of koala habitat. To determine if the proposed clearing requires other approvals under other
local, State or federals laws go to www.qld.gov.au (search ‘vegetation clearing requirements’).

 

The development contains areas mapped as containing a high-risk area on the protected plant
flora survey trigger map. Where clearing is proposed within a high-risk area, it is a requirement
under the Nature Conservation Act 1992 to conduct a flora survey in accordance with the Flora
Survey Guidelines to determine if there are any protected plants on the clearing site. If
protected plants are found on the clearing site, a clearing permit under the Nature
Conservation Act 1992 may be required.

 

 

 

The development contains habitat for threatened and special least concern fauna species. If
the development requires tampering with a protected animal breeding place, a species
management program may be required.

More information on protected animal breeding places and species management programs can
be found here: https-//environment.des.qid.gov.au/licences-permits/plants-
animals/speciesmanagement-program.

 

 

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Attachment 4—Appeal provisions

 

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Attachment 5—Documents referenced in conditions

 

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Page 31

                                                                              Appeal Rights
                                                                              PLANNING ACT 2016 & PLANNING REGULATION 2017




               Chapter 6 Dispute resolution                                                   (3) The appellant or, for an appeal to a tribunal, the registrar must,
                                                                                                  within the service period, give a copy of the notice of appeal to –
               Part 1 Appeal rights
                                                                                                  (a) the respondent for the appeal; and
               229 Appeals to tribunal or P&E Court
                                                                                                  (b) each co-respondent for the appeal; and
               (1) Schedule 1 of the Planning Act 2016 states –
                                                                                                  (c) for an appeal about a development application under schedule
                   (a) Matters that may be appealed to –
                                                                                                      1, table 1, item 1 – each principal submitter for the
                         (i)   either a tribunal or the P&E Court; or                                 development application; and
                         (ii) only a tribunal; or                                                 (d) for and appeal about a change application under schedule 1,
                                                                                                      table 1, item 2 – each principal submitter for the change
                         (iii) only the P&E Court; and
                                                                                                      application; and
                   (b) The person-
                                                                                                  (e) each person who may elect to become a co-respondent for the
                         (i)   who may appeal a matter (the appellant); and                           appeal, other than an eligible submitter who is not a principal
                                                                                                      submitter in an appeal under paragraph (c) or (d); and
                         (ii) who is a respondent in an appeal of the matter; and
                                                                                                  (f)   for an appeal to the P&E Court – the chief executive; and
                         (iii) who is a co-respondent in an appeal of the matter; and
                                                                                                  (g) for an appeal to a tribunal under another Act – any other
                         (iv) who may elect to be a co-respondent in an appeal of the
                                                                                                      person who the registrar considers appropriate.
                              matter.
                                                                                              (4) The service period is –
               (2) An appellant may start an appeal within the appeal period.
                                                                                                  (a) if a submitter or advice agency started the appeal in the P&E
               (3) The appeal period is –
                                                                                                      Court – 2 business days after the appeal has started; or
                   (a) for an appeal by a building advisory agency – 10 business
                                                                                                  (b) otherwise – 10 business days after the appeal is started.
                       days after a decision notice for the decision is given to the
                       agency; or                                                             (5) A notice of appeal given to a person who may elect to be a co-
                                                                                                  respondent must state the effect of subsection (6).
                   (b) for an appeal against a deemed refusal – at any time after the
                       deemed refusal happens; or                                             (6) A person elects to be a co-respondent by filing a notice of election,
                                                                                                  in the approved form, within 10 business days after the notice of
                   (c) for an appeal against a decision of the Minister, under chapter
                                                                                                  appeal is given to the person.
                       7, part 4, to register premises or to renew the registration of
                       premises – 20 business days after a notice us published under          231 Other appeals
                       section 269(3)(a) or (4); or
                                                                                              (1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
                   (d) for an appeal against an infrastructure charges notice – 20                the Supreme Court decides a decision or other matter under this
                       business days after the infrastructure charges notice is given             Act is affected by jurisdictional error, the decision or matter is non-
                       to the person; or                                                          appealable.
                   (e) for an appeal about a deemed approval of a development                 (2) The Judicial Review Act 1991, part 5 applies to the decision or
                       application for which a decision notice has not been given –               matter to the extent it is affected by jurisdictional error.
                       30 business days after the applicant gives the deemed
                                                                                              (3) A person who, but for subsection (1) could have made an
                       approval notice to the assessment manager; or
                                                                                                  application under the Judicial Review Act 1991 in relation to the
                   (f)   for any other appeal – 20 business days after a notice of the            decision or matter, may apply under part 4 of that Act for a
                         decision for the matter, including an enforcement notice, is             statement of reasons in relation to the decision or matter.
                         given to the person.
                                                                                              (4) In this section –
               Note –                                                                             decision includes-
                   See the P&E Court Act for the court’s power to extend the appeal
                                                                                                  (a) conduct engaged in for the purpose of making a decision; and
                   period.
                                                                                                  (b) other conduct that relates to the making of a decision; and
               (4) Each respondent and co-respondent for an appeal may be heard
                   in the appeal.                                                                 (c) the making of a decision or failure to make a decision; and
               (5) If an appeal is only about a referral agency’s response, the                   (d) a purported decision; and
                   assessment manager may apply to the tribunal or P&E Court to
                                                                                                  (e) a deemed refusal.
                   withdraw from the appeal.
                                                                                                  non-appealable, for a decision or matter, means the decision or
               (6) To remove any doubt. It is declared that an appeal against an
                                                                                                  matter-
                   infrastructure charges notice must not be about-
                                                                                                  (a) is final and conclusive; and
                   (a) the adopted charge itself; or
                                                                                                  (b) may not be challenged, appealed against, reviewed, quashed,
                   (b) for a decision about an offset or refund-
                                                                                                      set aside or called into question in any other way under the
                         (i)   the establishment cost of trunk infrastructure identified in           Judicial Review Act 1991 or otherwise, whether by the
                               a LGIP; or                                                             Supreme Court, another court, a tribunal or another entity; and
                         (ii) the cost of infrastructure decided using the method                 (c) is not subject to any declaratory, injunctive or other order of
                              included in the local government’s charges resolution.                  the Supreme Court, another court, a tribunal or another entity
                                                                                                      on any ground.
               230 Notice of appeal
                                                                                              232 Rules of the P&E Court
               (1) An appellant starts an appeal by lodging, with the registrar of the
                   tribunal or P&E Court, a notice of appeal that-                            (1) A person who is appealing to the P&E Court must comply with the
                                                                                                  rules of the court that apply to the appeal.
                   (a) is in the approved form; and
                   (b) succinctly states the grounds of the appeal.                           (2) However, the P&E Court may hear and decide an appeal even if
                                                                                                  the person has not complied with the rules of the P&E Court
               (2) The notice of appeal must be accompanied by the required fee.




                                                                                                                                                 Page 31 of 31
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